SSB 6617 -
By Committee on Local Government
ADOPTED 03/01/2006
Strike everything after the enacting clause and insert the following:
"NEW SECTION. Sec. 1 A new section is added to chapter 89.08 RCW
to read as follows:
(1) Conservation districts, before developing a farm plan, shall
inform the landowner or operator in writing of the types of information
that is subject to disclosure to the public under chapter 42.56 RCW.
Before completion of the final draft of a farm plan, the district shall
send the final draft farm plan to the requesting landowner or operator
for verification of the information. The final farm plan shall not be
disclosed by the conservation district until the requesting owner or
operator confirms the information in the farm plan and a signed copy of
the farm plan is received by the conservation district.
(2) For the purposes of this section and RCW 42.56.270, "farm plan"
means a plan prepared by a conservation district in cooperation with a
landowner or operator for the purpose of conserving, monitoring, or
enhancing renewable natural resources. Farm plans include, but are not
limited to, provisions pertaining to:
(a) Developing and prioritizing conservation objectives;
(b) Taking an inventory of soil, water, vegetation, livestock, and
wildlife;
(c) Implementing conservation measures, including technical
assistance provided by the district;
(d) Developing and implementing livestock nutrient management
measures;
(e) Developing and implementing plans pursuant to business and
financial objectives; and
(f) Recording, or records of, decisions.
Sec. 2 RCW 42.56.270 and 2005 c 274 s 407 are each amended to
read as follows:
The following financial, commercial, and proprietary information is
exempt from disclosure under this chapter:
(1) Valuable formulae, designs, drawings, computer source code or
object code, and research data obtained by any agency within five years
of the request for disclosure when disclosure would produce private
gain and public loss;
(2) Financial information supplied by or on behalf of a person,
firm, or corporation for the purpose of qualifying to submit a bid or
proposal for (a) a ferry system construction or repair contract as
required by RCW 47.60.680 through 47.60.750 or (b) highway construction
or improvement as required by RCW 47.28.070;
(3) Financial and commercial information and records supplied by
private persons pertaining to export services provided under chapters
43.163 and 53.31 RCW, and by persons pertaining to export projects
under RCW 43.23.035;
(4) Financial and commercial information and records supplied by
businesses or individuals during application for loans or program
services provided by chapters 43.163, 43.160, 43.330, and 43.168 RCW,
or during application for economic development loans or program
services provided by any local agency;
(5) Financial information, business plans, examination reports, and
any information produced or obtained in evaluating or examining a
business and industrial development corporation organized or seeking
certification under chapter 31.24 RCW;
(6) Financial and commercial information supplied to the state
investment board by any person when the information relates to the
investment of public trust or retirement funds and when disclosure
would result in loss to such funds or in private loss to the providers
of this information;
(7) Financial and valuable trade information under RCW 51.36.120;
(8) Financial, commercial, operations, and technical and research
information and data submitted to or obtained by the clean Washington
center in applications for, or delivery of, program services under
chapter 70.95H RCW;
(9) Financial and commercial information requested by the public
stadium authority from any person or organization that leases or uses
the stadium and exhibition center as defined in RCW 36.102.010;
(10) Financial information, including but not limited to account
numbers and values, and other identification numbers supplied by or on
behalf of a person, firm, corporation, limited liability company,
partnership, or other entity related to an application for a liquor
license, gambling license, or lottery retail license;
(11) Proprietary data, trade secrets, or other information that
relates to: (a) A vendor's unique methods of conducting business; (b)
data unique to the product or services of the vendor; or (c)
determining prices or rates to be charged for services, submitted by
any vendor to the department of social and health services for purposes
of the development, acquisition, or implementation of state purchased
health care as defined in RCW 41.05.011; ((and))
(12)(a) When supplied to and in the records of the department of
community, trade, and economic development:
(i) Financial and proprietary information collected from any person
and provided to the department of community, trade, and economic
development pursuant to RCW 43.330.050(8) and 43.330.080(4); and
(ii) Financial or proprietary information collected from any person
and provided to the department of community, trade, and economic
development or the office of the governor in connection with the
siting, recruitment, expansion, retention, or relocation of that
person's business and until a siting decision is made, identifying
information of any person supplying information under this subsection
and the locations being considered for siting, relocation, or expansion
of a business;
(b) When developed by the department of community, trade, and
economic development based on information as described in (a)(i) of
this subsection, any work product is not exempt from disclosure;
(c) For the purposes of this subsection, "siting decision" means
the decision to acquire or not to acquire a site;
(d) If there is no written contact for a period of sixty days to
the department of community, trade, and economic development from a
person connected with siting, recruitment, expansion, retention, or
relocation of that person's business, information described in (a)(ii)
of this subsection will be available to the public under this chapter;
and
(13)(a) Farm plans developed by conservation districts, unless
permission to release the farm plan is granted by the landowner or
operator who requested the plan, or the farm plan is used for the
application or issuance of a permit.
(b) Farm plans developed under chapter 90.48 RCW and not under the
federal clean water act, 33 U.S.C. Sec. 1251 et seq., are subject to
RCW 42.17.31923 (as recodified by House Bill No. 2520) and 90.64.190.
NEW SECTION. Sec. 3 Section 2 of this act takes effect July 1,
2006."